Terms And Conditions

ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this website, demandware.com (the "Website"). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Website in any manner.

OWNERSHIP

All copyrights and other intellectual property rights in the Website, including without limitation all software and written and graphical content included in the Website, are owned by Demandware, Inc. ("Demandware") and are hereby reserved.

Demandware ®, Demandware eCommerce (SM), the Demandware logo, and any other marks used on the Website are trademarks of Demandware or their respective owners. Such marks may not be used without the prior written consent of Demandware. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

Demandware does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being "Submissions"). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of Demandware. Please do not send your unsolicited Submissions to Demandware or anyone at Demandware. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to Demandware, (i) you will be granting Demandware and its affiliates permission to use your Submission in connection with the operation of its businesses (the "License"), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non confidential and non proprietary communications. No compensation will be paid with respect to your Submission. Demandware will not be subject to any obligation of confidence with respect to your Submission.

NO UNLAWFUL OR PROHIBITED USE

You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Demandware server or the network(s) connected to any Demandware server, or interfere with any other person's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Demandware server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.

LINKS

Any links to third party websites are provided for your convenience only, and Demandware makes no recommendation or endorsement as to such websites or the products or services offered thereon.

You may link to the Demandware Website, unless notified otherwise in writing by Demandware. However, you may not frame the Website in a manner that may cause confusion to Demandware customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.

SPAM EMAIL AND POSTINGS

You agree that Demandware would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Demandware is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Demandware reserves the right to block, filter or delete unsolicited email.

U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS

You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

DISCLAIMER

THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY DEMANDWARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.

ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT IS RELATED TO SUPPORT OF DEMANDWARE SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND DEMANDWARE, AND NOT TO THESE TERMS OF USE.

ANY MENTION IN THE WEBSITE OF NON DEMANDWARE PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.

LIMITATION ON LIABILITY

AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL DEMANDWARE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF DEMANDWARE OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) DEMANDWARE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF DEMANDWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

NOTICES OF COPYRIGHT INFRINGEMENT

If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is Demandware's designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

These terms of use are the entire agreement between you and Demandware in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Demandware's failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated from within the United States, and Demandware does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the Commonwealth of Massachusetts, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Suffolk County or Middlesex County, Massachusetts.